We are Mellow Clothing, this is our website available at mellowclothing.co.za, and these are our legal terms, including our:
We may change any of these terms at any time by updating this web page.
If you have any questions about our legal terms, please contact us via our email address, email@example.com .
By submitting an order, the customer warrants that the order is correct and complete in all aspects and is not in contravention of any applicable laws, regulations and/or record management policies that may be in place within the customer’s organisation. We shall in no way be liable for any loss of whatsoever nature arising as a result of carrying out any orders, regardless of whether the order’s specifications are erroneous and/or unlawful and/or incomplete in any respect.
Under no circumstances shall we be liable towards the customer or any other person for any loss of any nature whatsoever and howsoever arising, including but not limited to special, indirect or consequential damages.
The customer indemnifies us and holds us harmless from any and all claims, demands, liabilities, suits, losses, costs or expenses (including attorneys’ fees on an attorney-own client scale) of any kind arising from the fulfilment of the order. This provision shall survive the termination of this agreement.
Terms of sale
“Personal Information” shall have the same meaning prescribed under the Protection of Personal Information Act (“POPI”).
We acknowledge and undertake that, should we have access to, and process, personal information of data subjects (which means the person to whom personal information relates), we shall comply with all the relevant provisions of POPI in relation to all personal information received, and without prejudice to the generality of the foregoing, undertake:
- not to allow any unauthorised persons access to the personal information;
- not to do anything in relation to the personal information that requires the consent of, or notification to, a data subject without first acquiring such consent or providing such notification, as the case may be;
- to comply immediately with all lawful and reasonable requests made by the customer to ensure compliance with POPI;
- to inform the customer of all requests made by the data subjects in terms of POPI, and to assist the customer to the extent reasonably required, at the customer’s cost, in responding to any request from a data Subject and in ensuring compliance with its obligations under POPI with respect to security, breach notifications and consultations with supervisory authorities or regulators to comply with such requests (to the extent required by POPI) should the customer authorise us to do so;
- notify the customer without undue delay on becoming aware of a personal information breach;
- not to perform any act or omission that will cause the customer to breach any of its obligations under POPI;
- in addition to the undertakings hereabove, to implement reasonable and appropriate technical and organisational security measures to prevent the loss of, damage to and/or unauthorised access or destruction of personal information, and take reasonable steps to ensure that all its representatives, employees, agents, partners and their party sub-contractors, if applicable, comply with all of the undertakings in this agreement; and
- to notify the customer immediately (or if not reasonably possible, as soon as reasonably possible) of any breach or anticipated breach of these undertakings or any of the provisions of POPI (including but not limited to any security breach or anticipated security breach, or unauthorised disclosure) in relation to the personal information, or any complaint (together with the full details of the complaint) received from a data subject.
- The customer hereby indemnifies and holds us harmless against any loss, claims, costs (including legal costs on an attorney and own client scale) or damage which may be suffered or incurred by the customer in consequence of any breach of any of the above undertakings or of any provisions of POPI.
We shall not fulfil any orders that you place until payment has been received up front in full for the order.
All payments to us shall be paid promptly without deferment, free of exchange and without any deduction or set-off of whatsoever nature.
You acknowledge that:
- all payments made to us shall only be deemed to have been received by us when payment is actually received by us and all risk in and relating to such payments shall lie with you until date of receipt by us;
- payments made directly into our bank account shall be at your risk until confirmed as cleared funds by us; and
- unless otherwise specifically directed in writing by our authorised representative, no third party is authorised to accept any payment due by you on behalf of us.
- If the parties fail to resolve any dispute in line with the procedure in the dispute resolution clause above, the dispute or difference may must be referred for arbitration to the Arbitration Foundation of South Africa ("AFSA") in terms of AFSA's arbitration rules for the time being in force.
- Each of the parties hereby irrevocably agrees that the decision of the arbitrator in the arbitration proceedings:
shall be final and binding on each of them; and
will be carried into effect; and
may be made an order of any court to whose jurisdiction the parties are subject.
- Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding any party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator.
- In the event that this agreement should terminate, for any reason whatsoever, then the provisions of this clause shall survive such termination.
We shall not be liable to you for delay or failure to fulfil the order caused by an event or occurrence of force majeure.
Should we be prevented from fulfilling any of its obligations in terms of an order under this agreement as a result of any act of God including inter alia, war, fire, flood, hostilities, legislation, insurrection, an outbreak of a pandemic disease, quarantine, sanctions, act of terrorism, trade embargo, restraints of rulers or people, strike, labour disturbances, or any law, proclamation, regulation or ordinance, demand or act or requirement of any government having or claiming to have jurisdiction over the subject matter of this agreement or the parties, explosion or any economic or other cause beyond our reasonable control (any such event hereinafter called "Force Majeure") then:
- we will forthwith give written notice thereof to you specifying:
the cause and anticipated duration of the Force Majeure; and
promptly upon termination of the Force Majeure, stating that such Force Majeure has terminated.
- performance of any such obligations will be suspended from the date on which notice is given of a Force Majeure event until the date on which notice is given of termination of a Force Majeure event (hereinafter referred to as the "Suspension Period") subject always to the remaining provisions of this clause.
- We will not be liable for any delay or failure in the performance of any obligation hereunder, or loss or damage due to, or resulting from, the Force Majeure during the Suspension Period provided that:
- we use and continue to use our best efforts to perform such obligation;
- if the Force Majeure shall continue for more than 30 (Thirty) consecutive calendar days, you will be entitled to cancel
this agreement on the expiry of such period, but will not be entitled to claim damages against us as a result of the delay or failure in the performance of any obligations hereunder due to, or resulting from, the Force Majeure.